HomeMy WebLinkAboutminutes.council.19950223Aspen City Council Regular Meeting February 27, 1995
Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers
Reno, Richards, Paulson, and Waggaman present.
CITIZEN COMMENTS
There were no comments
COUNCILMEMBER COMMENTS
1. Councilwoman Richards told Council she will be attending the CAST meeting
in Denver with the state legislators to discuss items of significance to resort
communities.
2. Councilman Paulson said the Parks Master plan is scheduled for P & Z review
Tuesday, March 7.
3. Acting City Manager Bill Efting reminded Council there is a work session
Monday March 6 to discuss ballot language. Efting asked if the
transportation/parking issues could be added to the work session. Council agreed.
4. Acting City Manager Bill Efting said there is a joint work session with the
County Commissioners March 7 at 5 p.m. in Plaza 1
CONSENT CALENDAR
Councilman Reno requested to remove Board appointments to the end of the
agenda. Councilman Reno said he has a conflict of interest on the Valley Hi
extension and will not be voting.
Councilwoman Waggaman moved to read Ordinances #13 and 14, Series of 1995;
seconded by Councilwoman Richards. All in favor, motion carried.
ORDINANCE #13
(Series of 1995)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A FIVE
MONTH EXTENSION OF VESTED RIGHTS APPROVED BY ORDINANCE
8, SERIES OF 1991, FOR THE SITE SPECIFIC DEVELOPMENT PLAN
APPROVED FOR THE 1000 EAST HOPKINS PARCEL, THE VALLEY-HI
APARTMENTS, LOTS A, H, I, K, & S BLOCKS 25 AND 26 PLUS THE
REMAINDER OF VACATED CLEVELAND STREET, CITY OF ASPEN,
COLORADO
ORDINANCE #14
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Aspen City Council Regular Meeting February 27, 1995
(Series of 1995)
AN ORDINANCE OF THE CITY OF ASPEN GRANTING A PLANNED UNIT
DEVELOPMENT AND SUBDIVISION AMENDMENT TO THE
CREEKTREE SUBDIVISION was read by the city clerk
Councilwoman Richards moved to adopt the consent calendar as amended;
seconded by Councilwoman Waggaman. The consent calendar is:
·
Ordinance #13, 1995 - Valley hi Extension of Vested Rights
·
Resolution #12, 1995 - Fairway Mower Contract
·
Aspen Child Care Committee Emergency Grant Request ($3445 to the Little
Red Schoolhouse)
·
Ordinance #14, 1995 - Creektree-PUD Subdivision
·
Resolution #13, 1995 - Appointments of Auditors
·
Resolution #14, 1995 - 1995 Vehicles Purchase Contracts
·
Resolution #15, 1995 - Purchase Street Sweeper
Councilwoman Richards requested the adjacent property owners of the Valley Hi
be notified about the second reading of this ordinance.
All in favor, motion carried.
ORDINANCE #4, SERIES OF 1995 - Inventory of Historic Sites and
Structures
Amy Amidon, planning office, told Council the city’s land use code requires staff
to reevaluate the historic sites and structure inventory every 5 years. The buildings
on the inventory list are reviewed by HPC for demolition or relocation only. This
is not the same degree of review of landmark structures or those in the historic
district. Ms. Amidon told Council this reevaluation has been on going since 1993
because of the public notice requirements. Ms. Amidon told Council she has met
with individual property owners on specific questions. Ms. Amidon told Council
Ordinance #4 adopts 60 sites on the inventory. Only 4 property owners disagreed
with their structures being on this list. Ms. Amidon recommended Ordinance 4 be
adopted as presented.
Mayor Bennett opened the public hearing. There were no comments. Mayor
Bennett closed the public hearing.
Councilwoman Waggaman asked if there is more information from those who
disagreed with being included on the inventory. Ms. Amidon told Council one
of these 4 properties is eligible for the National Register; the other 3 structures
have been identified as historic for a number of years. Ms. Amidon told Council
these 4 structures have been on the inventory since at least 1986. Mayor Bennett
said people do not like to have government review; however, the historic
significance is one thing that increases the property values. Mayor Bennett said
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Aspen City Council Regular Meeting February 27, 1995
the great good of the community calls for historic preservation. Councilwoman
Waggaman said she does not like trying to second guess HPC, which is appointed
by Council to evaluate the inventory. Ms. Amidon noted there are state historic
income tax credits. Mayor Bennett asked about the inclusion of the Maroon Creek
bridge on this list. Ms. Amidon said this bridge is listed on the National Register
of Historic Places; it was an original transportation route. In 1919 when the
railroad no longer ran, people drove across it as it; it is one of the primary accesses
to town and has been unaltered except for the road deck. Councilwoman Richards
said when one looks at pictures of historic Aspen, this bridge stands out as
extremely significant. Councilman Reno said Council should relook at how
buildings are rated.
Councilwoman Richards moved to adopt Ordinance #4, Series of 1995, on second
reading; seconded by Councilman Reno. Roll call vote; Councilmembers
Waggaman, yes; Reno, yes; Paulson, yes; Richards, yes; Mayor Bennett, yes.
Motion carried.
ORDINANCE #1, SERIES OF 1995 - 303 E. Main GMQS Exemption
Kim Johnson, planning office, reminded Council this is approval of affordable
housing mitigation for the 303 East Main commercial redevelopment. Ms.
Johnson said P & Z forwarded a recommendation to approve the purchase of a
two-bedroom unit to accommodate 2.11 persons for the new commercial project.
P & Z also recommends in case an affordable unit is not secured by the applicant,
prior to the issuance of c/o, cash should be accepted because of the difficulties of
building units on site. The size of the project is not conducive to an on-site
housing. Ordinance #1 contains the condition that if an affordable housing is not
purchased by time of c/o, the applicant has to come back to Council, describe the
process and get approval for cash payment.
Nicklaus Kuhn told Council he is closing on the unit tomorrow. Kuhn told
Council this is a difficult process to go through. It would be much easier just to
make a cash-in-lieu payment. Kuhn said his son took the time and went through
all the units that were available that could be deed restricted in order to meet this
condition. Kuhn said he feels people should try harder and find a unit which would
help get more housing into the inventory.
Mayor Bennett opened the public hearing. There were no comments. Mayor
Bennett closed the public hearing.
Councilwoman Richards said she would like a report from the housing office on
how these scattered site units are being monitored. Dave Tolen, housing director,
said his office approved this unit on the condition that it be owner-occupied, which
makes monitoring it much easier.
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Aspen City Council Regular Meeting February 27, 1995
Councilman Reno moved to adopt Ordinance #1, Series of 1995, on second
reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers
Waggaman, yes; Paulson, yes; Richards, yes; Reno, yes; Mayor Bennett, yes.
Motion carried.
WILLIAM RANCH ANNEXATION AND REZONING
Councilman Reno moved to table Ordinance #61 and Ordinance #66, 1994,
Williams Ranch Annexation and Rezoning to March 13, 1995; seconded by
Councilwoman Waggaman. All in favor, motion carried.
ORDINANCE #2, SERIES OF 1995 - 939 E. Cooper Subdivision
Rezoning and GMQS Exemption
Leslie Lamont, planning office, told Council this property is 10,500 square fee and
is currently zoned RMF. The applicant’s request is to split this into 6,000 and
4,500 square foot parcels. The applicants also request rezoning with a historic
designation overlay on the entire 10,500 square feet; rezoning parcel 2 to
affordable housing, and leaving the 6,000 square foot parcel as RMF. Ms. Lamont
told Council the applicants plans to refurbish both the historic house and barn on
the property. There will be 2 free market units on parcel 1 and 1 free market, 1
RO and 1 deed restricted unit on parcel 2.
The applicants requested variations from HPC. The minimum sideyard setback in
RMF is 5 feet, the total is 15 feet. The applicants have complied with the
minimum of 5 feet but only have 10 feet on each side. The sideyard setback in the
affordable housing zone the minimum is 5 feet; the applicants meet that. The total
is 15 and the applicant has 10 feet. The front yard setback in RMF is 10 feet; the
applicants are providing 7 feet. The front yard setback in AH zone is 10 feet; the
applicants are providing 5 feet from the road. Ms. Lamont pointed out the
property is being subdivided east to west rather than road to alley. The rear yard
setback in the AH zone is 18 feet for the barn to 5 feet. The required rear yard
setback is 10 feet.
Ms. Lamont reminded Council the applicants are using 2 incentive programs. The
affordable housing zone allows applicants to increase the allowable density on
property and also provides special review for parking and open space. The AH
zone also allows free market housing outside the GMQS competition. The
applicants are also using the historic preservation incentive program which allows
for dimensional variations. The applicants are offering the city 2 refurbished
historic structures, one deed restricted RO and one deed restricted category 3 unit.
The allowable floor area currently on the parcel is 10,500 square feet. This
proposal is 6,829 square feet which is a 35 percent reduction on the parcel from
allowable. There will be 5 detached single family houses on the property. Ms.
Lamont said at first reading Council requested several revisions; one was
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Aspen City Council Regular Meeting February 27, 1995
maintenance of the sideyard setback. The applicant has met the minimum 5 feet
around the external of the property; however, the total proposed is 10 feet, not 15
feet as required. Another revision was to turn the barn so that it is perpendicular
to the alley. The applicant met with HPC who agreed that was a better site plan.
The applicants looked at duplexing the two units on the rear of the property; HPC
was not supportive of putting two of the units together.
Bob Langely read from the Aspen Area Community Plan in support of vitality of
full time residents, the creation of in-town affordable housing with density
increases to encourage revitalization. Jake Vickery, architect, went over the site
plan. Vickery told Council the applicants tried to design the project to be
compatible with the community by creating 5 separate structures rather than one
large building. Vickery said this project does not rely on tax subsidies; the
community is getting some deed restricted housing. This is a small scale project
mixing employee housing, RO units and free market units together. The project
preserves some historic structures. The open space is in the center and is usable by
all units. Vickery pointed out changes from the first reading are that the east and
west setbacks have been increased to 5 feet; the space between all units has been
increased to 10 feet. Turning the historic barn allowed the increased space
between the buildings as well as get some parking on to the site and decreasing the
size of some garages, which reduces the mass of the project. Vickery said the light
wells have been reduced to the minimum code requirement. Vickery showed
Council models of the project before the changes and as being presented.
Mayor Bennett opened the public hearing.
Jim Curtis told Council the housing board was very supportive of this application.
Curtis said these applicants are taking a big risk to try and solve their housing
problem on their own behalf. Don Erdman, Chairman HPC, told Council the
Historic Preservation approved this project and feels it shows the advantage of
flexibility in sideyard setbacks. Phoebe Ryerson told Council she wholeheartedly
supports this project. Don Crawford, representing 4 units in the Villager, asked
about the off-street parking for the project. Vickery said there are 4 for the 2 free
market and 4 for the other units. There are 15 bedrooms in the project. Crawford
noted people will occupy these bedrooms and will have cars. This part of town is
already overcrowded with cars.
Stephen Kanipe, neighbor, told Council he supports this project as the
neighborhood has been disappearing and this will be a stronghold for families.
Marcia Goshorn said this is a local family trying to house themselves and doing it
without a subsidy. Ron Krajian said he, too, is worried about the parking
situation. Steve Buettow supports this project as it is 5 detached houses, which
will be more affordable to people living in Aspen.
Mayor Bennett closed the public hearing.
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Aspen City Council Regular Meeting February 27, 1995
Councilman Paulson said he is concerned about the neighbors, the taking away of
light and air. Councilwoman Waggaman agreed about he nearness of the
buildings. The building to the east has had a view for years. This project is broken
up instead of one massive structure. Councilwoman Waggaman said she would
like this project to be less dense; however, it fits within the city’s codes.
Councilwoman Richards said she likes the fact that the restored historic house and
the free market units are 1700 square feet instead of monster houses. This lot
could have a 10,000 square foot building rather than 5 units totaling 6,500 square
feet. Councilwoman Richards said she is concerned about the egress through the
window wells and would like to see in the conditions of approval include a
provision about snow removal for these windows wells. Councilwoman Richards
said she would like the city to focus on Cooper avenue and enhancing the
sidewalks and pedestrian experience.
Councilman Reno asked if the FAR that is not being used can be used at a future
date. Ms. Lamont said the AH zone district is using up the allowable square
footage. The FAR for multi-family housing is greater than that for single family or
duplex. Councilman Reno said he has always questioned the one car per bedroom
parking requirement. The reality is probably more like 2.4 cars per residence.
Councilman Reno said he is concerned about the distance between the buildings
internally.
Mayor Bennett said he shares the density and square footage concerns. Mayor
Bennett said he feels this project has improved since first reading. This project has
followed the rules; it is 35 percent smaller than a straight multi-family project on
the same lot. This is the type of housing that a lot of Aspenites are looking for; it
fits the architectural style of some parts of Aspen and is very compatible. Mayor
Bennett said the applicant should not be penalized for the underlying zoning.
City Attorney John Worcester suggested adding a new paragraph 16 on page 6 to
read “All light and egress wells shall be kept free and clear of snow accumulation”
and at section 4 add from residential multi family (R/MF) to affordable housing
(AH). Worcester added pictures of the property and the Villager next door into
the record.
Councilwoman Richards moved to adopt Ordinance #2, Series of 1995, with the
amendments outlined by Worcester and an advisory to the applicants to examine
ways to continue to create greater space around unit E and breaking up height and
closeness of the buildings; seconded by Councilman Reno. Roll call vote;
Waggaman, yes; Richards, yes; Paulson, yes; Reno, yes; Mayor Bennett, yes;
Motion carried.
ORDINANCE #9, 1995 - 939 East Cooper Historic Designation
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Aspen City Council Regular Meeting February 27, 1995
Amy Amidon, planning department, told Council HPC and P & Z both
unanimously recommended approval of the historic designation finding that 3
standards are met; architectural importance, neighborhood character, community
character.
Mayor Bennett opened the public hearing. There were no comments. Mayor
Bennett closed the public hearing.
Councilwoman Waggaman moved to adopt Ordinance #9, Series of 1995, on
second reading; seconded by Councilwoman Richards. Roll call vote;
Councilmembers Reno, yes; Paulson, yes; Richards, yes; Waggaman, yes; Mayor
Bennett, yes. Motion carried.
ORDINANCE #12, 1995 - Extension of Ordinance #35, 1994
Stan Clauson, community development director, told Council this Ordinance
extends Ordinance #35, 1994, to May 30, 1995. Staff has been working to
address the issues of large structures, light, setbacks, character and design
guidelines. There was a symposium. A check list has been developed to control
size but not stifle architectural creativity and not remove owner’s property rights.
This will provide for a process to enhance building in close proximity. Clauson
said staff has a schedule to create an objective check list and to work with
Council’s suggestion revisions and to engage the architectural committee in
modeling efforts.
Mayor Bennett opened the public hearing. There were no comments. Mayor
Bennett closed the public hearing.
Councilwoman Waggaman said she supports this ordinance but is disappointed it
has to be extended. A lot of progress has been made and this is going in a good
direction. Councilwoman Waggaman said she would not support a second
extension.
Councilwoman Richards moved to adopt Ordinance #12, Series of 1995, on
second reading; seconded by Councilman Paulson.
Councilman Reno said he still does not support this as he does not agree with
where the problem is. There are a number properties built to the maximum FAR
accepted because of how they are designed.
Roll call vote; Waggaman, yes; Paulson, yes; Reno, no; Richards, yes; Mayor
Bennett, yes. Motion carried.
ORDINANCE #11, SERIES OF 1995 - Amending Housing Guidelines
- Definition of Dependent
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Aspen City Council Regular Meeting February 27, 1995
Dave Tolen, housing director, told Council this is an amendment to the existing
housing guidelines adopted in 1994. These changes relate to the sale of 3 bedroom
units. There is a lottery coming up soon for the East Hopkins project and these
amendments are being considered in front of the annual adoption of the guidelines.
Tolen told Council the housing board has a number of meetings regarding the
priority for sales units. Some people object to priority being given to families of 3
or more for 3 bedroom units. Tolen said the housing board forwards a
recommendation that a child can qualify as a dependent as long as he or she lives
with the family a “majority” of time. The former definition was 9 months out of
the year.
The housing board also addressed the priority of families with dependents for 3
bedroom units. Tolen said people brought up issues that households are not
static, that household needs are not fixed. The housing board recommended
eliminating the priority. Tolen pointed out 140 families were in the top priority for
the Castle Creek Valley lots, which points out the significant need for family-
oriented housing and the lack of such housing. Tolen said the housing board
recommends continuing the priority for households with children and/or
dependents.
Mayor Bennett opened the public hearing.
Person objected to families with children getting priority for 3 bedroom units.
Couples without children should be allowed to enter the lottery with another
employee for the third bedroom. Councilwoman Richards said it is difficult to
enforce these type of coalitions. Councilwoman Richards said the priority for
people with dependents is for 3 bedroom units only. Councilwoman Richards said
she feels this has to do with overall square footage of units rather than how many
bedrooms there are. Councilwoman Richards said she feels having children in the
community humanizes the community and they are a resource for this community.
Mayor Bennett pointed out families are excluded from studios and one-bedroom
units. Mayor Bennett said he feels it is fair that families get priority in 3-bedroom
units. Councilwoman Richards said this discussion has pointed out the design of
two-bedroom is important and maybe these units need more living space for a
couple rather than a third bedroom.
Councilwoman Richards pointed out the Truscott is all studios and one-bedroom.
The Kraut project, by design, discriminates against families. Councilwoman
Richards noted this conversation points out that employee housing is an incredibly
scare resource. Councilwoman Richards said the overall land use plan is being
changed so that in all future land use approvals, 60 percent will have to be for RO
or deed restricted units. Person asked what happened to the extra points for
longevity. Councilwoman Richards said the issue is how to prioritize someone’s
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Aspen City Council Regular Meeting February 27, 1995
contributions to the community. The guidelines were set at priority of living in the
community at 4 years, which seems to indicate a commitment to Aspen.
Dave Tolen, housing office, pointed out the housing guidelines apply to units
which are developed with a public subsidy or those required because of
development. The guidelines do not apply private sector affordable housing
projects. The developers of Williams Ranch set a priority of 10 years as well as
how much effort a person put into helping get the project through the process.
Mayor Bennett closed the public hearing.
Councilwoman Richards moved to adopt Ordinance #11, Series of 1995, on
second reading; seconded by Councilman Paulson.
Councilman Paulson said he does not like a system that favors having children in
an already over-crowded world. Councilwoman Waggaman agreed this is a
frustrating and difficult topic. Councilwoman Waggaman said she is voting against
this because of the frustration over the family priority.
Roll call vote; Councilmembers Paulson, no; Reno, yes; Richards, yes; Waggaman,
no; Mayor Bennett, yes. Motion carried.
ORDINANCE #3, 1995 - Aspen Youth Center SPA Amendment
Councilman Reno moved to table Ordinance #3, Series of 1995, to March 13;
seconded by Councilwoman Waggaman. All in favor, motion carried.
BOARD APPOINTMENTS
Councilman Reno said he cannot endorse the slate of appointments as presented.
Council directed the city clerk to set up interviews for people interviewed in
December for HPC and to schedule interviews for Board of Examiners and P & Z
and RFTA. These were scheduled for March 20th.
RESOLUTION #2, 1995 - Setting Title for Election Question
John Worcester, city attorney, reminded Council they are sitting as the Title
Board to consider a proposed resolution outlining language from an affidavit of
petitioner’s committee for a ballot question and the proposed summary for the
initiated measure. Worcester pointed out only the proposed initiated measure will
appear on the petition. The proposed question is “Shall the City of Aspen close
Galena street between Hyman avenue and Cooper Avenue and close Cooper
Avenue between Galena Street and Hunter Street, to all motor vehicle traffic with
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Aspen City Council Regular Meeting February 27, 1995
the exception of mass transit vehicles to provide for a better pedestrian
environment adjacent to the existing mall in downtown Aspen?”
Councilwoman Richards asked if “motor vehicle traffic” implies moving traffic and
suggested this say “to all motor vehicles and parking” to imply that you can neither
drive nor park in this area. City Clerk Kathryn Koch reported no one has
submitted any draft language. Brent Gardner-Smith, representing the petitioner’s
committee, agreed with adding the “and parking” to the ballot question.
Mayor Bennett opened the public hearing. There were no comments. Mayor
Bennett closed the public hearing.
Councilman Reno asked if “with little to no surface improvements” can be added
so that people would be aware this is not going to be an improved mall.
Councilwoman Richards said she feels that would be too binding on future
Councils.
All in favor, motion carried.
SIDEWALK PROJECT 95
Council said they would like to discuss this on a regular agenda as the plan calls
for sidewalks on all sides of parks. Council said they would like to hear from both
the Neighborhood Advisory Committee and the Blue Ribbon Committee. Staff
said they will bring back after hearing from other committees.
Councilwoman Richard moved to adjourn at 8:10 p.m.; seconded by Councilman
Paulson. All in favor, motion carried.
Kathryn S. Koch, City Clerk
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